Long Beach votes to revoke property owner's business license over marijuana dispensaries

LONG BEACH - In the city's latest effort to curb its seemingly constant battle with medical marijuana dispensaries, officials have moved beyond the medpot distributors to take on the property owners who rent to them.

The City Council voted Tuesday to revoke the business license of a property owner who officials say has allowed several medical marijuana collectives to operate at his strip mall.

In a unanimous decision, the council upheld an appeals hearing officer's recommendation to take away the commercial business license of Bentech LLC, the owner of a strip mall at 3721 E. Anaheim St.

The revocation of Bentech's commercial business license - which is separate from an individual business license - will prevent any new business permits from being issued at the entire property for one year.

Current businesses at the location won't be affected by the license revocation, officials said.

Erik Sund, the city's business relations manager, said Bentech hasn't evicted the collectives at the site as the city has requested, nor has levying administrative fines been effective.

The most recent marijuana collective to operate at the mall is the Healing Tree Holistic Association, Sund said.

Before the votes were cast, none of the eight council members spoke, voiced opinions or asked questions.

"I don't blame (the council) for how they voted. This was expected," said James Devine, a Ventura-based attorney representing Bentech and the Healing Tree Holistic Association in their appeal. "They are following the advice of their attorney."

Devine said he will file a complaint in Superior Court asking for an injunction in Bentech's license revocation and for the court to find Long Beach's ordinance banning medical marijuana dispensaries unconstitutional.

California law allows qualified patients or their designated primary caregivers with valid identification cards to cultivate marijuana for medical purposes and not be subject to criminal penalties, Devine said.

Deputy City Attorney Kendra Carney said the city's ban is enforceable.

The city had spent two years putting in place a permitting process for medical marijuana collectives, but a federal court struck it down because all marijuana is illegal under federal law. So in February, the city enacted the ban, which went into full effect Aug. 13.

The medical marijuana collectives ban doesn't apply to collectives of three or fewer persons.

The city has used police actions as well to stem the proliferation of marijuana dispensaries.

On Oct. 12, the Long Beach Police Department and the federal Drug Enforcement Agency conducted a joint raid on seven local marijuana dispensaries, arresting more than 40 people, according to law enforcement officials.